Understanding your rights after suffering a workplace injury can be confusing. Many injured workers feel helpless since there is no guarantee that they will receive fair treatment.
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Sadly, far too many people find themselves in this circumstance, uncertain of the tendency of obtaining the money they require to cover the costs and missed wages connected to their injury. Workplace accidents and occupational disorders like muscle strain are just one of the many ways that people get hurt at work.
Workers have rights if they are injured on the job. You can explore your options for obtaining compensation with the assistance of a professional work injury attorney.
Workplace Injury Overview
Most firms are obliged to have workers’ compensation insurance. Employees who sustain injuries at work are provided benefits under the workers’ compensation policy. Unless you intentionally hurt yourself or were intoxicated, you will often be able to get benefits no matter how the injury happened.
Medical costs, temporary disabilities, full or partial permanent disabilities, death payments, and other benefits are all covered under workers’ compensation.
As long as the business has workers’ compensation insurance, employees are not allowed to sue their employers for injuries. Their only option for recovering benefits in these circumstances is to file a workers’ compensation claim.
You might be wondering, how long do I have to file a claim for a work injury?
The amount of time you have to file a workers’ compensation claim is determined by the type of injury or occupational illness you have.
For all injuries and wounds, you have a year to file a claim for a work-related injury.
On the other hand, occupational illnesses are treated differently. Occupational injuries can take years or even decades to be identified. As a result, employees can make a claim for compensation two years after being disabled.
With occupational illnesses, it might be difficult to pinpoint the exact date of the disability. However, the date of disability is the first of the following:
- When you received a diagnosis and learned you had the illness
- When you first received treatment for the illness
- When you stop working because of the illness
You only have six months from the date of a doctor’s diagnosis to submit a claim for occupational illness.
Why You Should File Your Work Injury Claim As Soon As Possible
Unfortunately, not all employees who have a work-related injury are able to receive workers’ compensation payments. Sometimes claims are rejected, and wounded workers do not receive the compensation they need and deserve.
However, if you have a strong basis for a third-party action, it can significantly complicate your case. In personal injury lawsuits, as opposed to workers’ compensation claims, you must prove the other party’s negligence. This calls for a quick investigation, the gathering of proof, the questioning of witnesses, the estimation of injury, and many other things. If your third-party claim is valid, it would be treated separately under personal injury law.
In the end, delaying your work injury claim too long can make it more challenging to put together a case and obtain the maximum compensation you want and deserve for your damages.